We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics
Regulatory Rollback: CFPB’s Withdrawal of Informal Guidance Sparks New Litigation Dynamics – The Consumer Finance Podcast
Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more
Last week, the Vermont legislature passed H. 121, the Vermont Data Privacy Act. This law will make Vermont the 18th state to grant consumers privacy rights similar to those under the California Consumer Privacy Act (CCPA). It...more
The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more
2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
The California Consumer Privacy Act (CCPA) has created compliance challenges across the country for businesses – but they often stem from the fact that businesses are confused about some of the law’s basic principles. This...more
Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more
Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...more
The cybersecurity and data privacy legal landscape continues its rapid evolution. Below is an outline of some of the most significant developments in the last quarter. Federal Legislation: In June, a bipartisan...more
The Québec National Assembly has passed and the Lieutenant-Governor has assented to Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (Act). The Act, which became law on...more
Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations...more
In one of the first substantive decisions handed down since the California Consumer Privacy Act (“CCPA”) came into effect, the District Court for the Northern District of California held in Gardiner v. Walmart, Case No....more
It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the CCPA as a...more
While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world. At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more
On November 17, 2020, the Canadian House of Commons introduced the Digital Charter Implementation Act, 2020 (“DCIA”), which includes the Consumer Privacy Protection Act (“CPPA”), a privacy focused arm of the legislation. The...more
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. See Cal. Civ. Code §...more
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more
On November 3, 2020, California voters convincingly approved the California Privacy Rights Act (“CPRA”) ballot initiative. The CPRA builds upon and amends the California Consumer Protection Act (“CCPA”), aligning it more with...more
Navigating the ever changing waters of consumer privacy could become much more challenging if the “It’s Your Data Act” (IYDA) is passed in New York. Some provisions of the proposed law may apply to any person or business,...more
As of January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) is now the law of the land, having gone into effect at the beginning of this year. One of the more complex issues concerning the CCPA pertains to the...more
The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more
As you likely know, the California Consumer Privacy Act of 2018 (CCPA) went into effect on January 1, 2020. The CCPA is revolutionary legislation relating to California consumers’ rights in their Personal Information (as...more
The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more
Despite concerns expressed by the business community, enforcement of the California Consumer Privacy Act (CCPA) will not be delayed as a result of the COVID-19 pandemic. California Attorney General Xavier Becerra recently...more